Correct filing notification SMS

Correct information of filing notice is an important content of judicial statistics. The Criminal Procedure Law stipulates that filing a case is the beginning and necessary procedure of criminal proceedings, which is conducive to protecting citizens' legitimate rights and interests from infringement. The following is about the correct content sharing of filing notification SMS.

Correct filing notice SMS 1 legal analysis: under normal circumstances, the court will not summon the parties to send SMS, but only issue subpoenas. However, under special circumstances, such as hearing a case according to a summary procedure, if the judge notifies the parties by SMS, he can call the notified court or ask in person to verify whether the situation is true.

First, the court will notify you by SMS after filing the case; However, it should be noted that the SMS number sent by the court is that kind of phone number (a series of numbers). If the short message of the court is 12368, even if it is an information notification, it still needs to be subject to the receipt of the court's lawsuit and summons.

Two. Countermeasure: It is recommended to go to the court for verification. Remember to bring your ID card. The short messages of litigation notice received are all false, mostly fraud. The court will not call the parties, send text messages, only issue subpoenas.

Whether it is the plaintiff or the defendant, after the case is accepted and filed, the court will serve a written summons with detailed information such as the cause of action, the time and place of the court session. If the hearing is notified by other means, you can go to the court to ask. If it is true, you need a subpoena. Whether the notice of litigation is true or false must be based on the court summons.

Legal basis: Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC).

Article 131 If a people's court directly serves litigation documents, it may notify the parties to collect them from the people's court. If the party concerned refuses to sign the service receipt when he arrives at the people's court, it shall be deemed to have been served.

The judge and the clerk shall indicate the service on the service receipt and sign it. The people's court may directly serve litigation documents on the parties outside their domicile. If the party concerned refuses to sign the receipt of service, and takes photos or videos of the service process, it shall be deemed as service. The judge and the clerk shall indicate the service on the service receipt and sign it.

Article 537 Where a people's court serves litigation documents to the parties by announcement in the first instance, it may serve them by announcement in the second instance, except that the people's court may serve them by other means than announcement.

What are the procedures for public security organs to file a case?

I. Investigation stage

The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention.

A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect.

If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days.

For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest.

If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law. If the suspect is arrested, the lawyer hired can apply for bail pending trial.

The public security organ shall not detain a criminal suspect for more than two months after his arrest. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.

When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence.

Second, the stage of review and prosecution.

When examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim.

The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender.

Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody.

The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month. If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.

Third, the trial stage.

After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, it shall decide to hold a hearing. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public.

Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody.

At the trial, the defense lawyer defended the defendant. When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances specified in Article 163 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government.

After hearing the case, the people's court made the following judgments according to the facts, evidence and relevant laws and regulations that have been ascertained:

(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;

(2) If the defendant is found innocent according to law, a verdict of innocence shall be made.

SMS 3 Procedure for Correctly Filing Notification after Public Security Filing

I. Investigation

After the investigation organ files a case, it begins to investigate. There are two purposes of investigation, one is to find the criminal, and the other is to collect evidence that can prove the facts of the case.

After investigation, in order to prevent criminal suspects from colluding with each other, destroying evidence, escaping, committing suicide and other acts that hinder normal proceedings, compulsory measures of different intensities such as bail pending trial, detention and arrest can be taken.

In order to find out the facts and collect evidence, the public security organs have the right to take investigation measures such as interrogating criminal suspects and witnesses, conducting inquests, inspections and searches, seizing physical and documentary evidence, organizing expert appraisal, and issuing wanted orders.

Second, review and prosecute.

After the procuratorate receives the case transferred by the investigation organ, the case enters the stage of examination and prosecution. At this stage, the procuratorial organ will conduct a comprehensive review of the prosecution opinion and all the case files and evidence, interrogate the suspect, listen to the opinions of the victim, listen to the opinions of the suspect and the victim's client, investigate and verify other evidence, and think that the facts of the case are unclear and the evidence is insufficient.

When a case needs further investigation, it may be decided to return it to the investigation organ for supplementary investigation. In addition to the above-mentioned return of supplementary investigation and rejection of the case by the investigation organ, after examination by the procuratorate, there will be two ways to deal with it on the premise that the facts of the case have been ascertained and the evidence is true and sufficient: first, the criminal suspect will be prosecuted in the people's court according to law;

Second, if criminal responsibility should not be investigated according to law, or if there is no need to be sentenced or exempted from punishment according to law, or if the evidence for supplementary investigation is still insufficient, no public prosecution will be initiated unless it is submitted to the people's court for trial.

Third, the trial stage.

After receiving a case transferred by the procuratorial organ for prosecution, the court will generally hold a public hearing except for cases involving state secrets or personal privacy. After the trial, the court will make a guilty verdict and an innocent verdict according to the facts, evidence and relevant laws and regulations.

After the judgment of first instance is made, if the defendant and the procuratorate do not appeal or protest, the judgment will take effect and be delivered for execution after 10. If the defendant refuses to accept the judgment, he can appeal orally or in writing within 10 days. If the procuratorate refuses to accept the judgment, it may lodge a protest.

Four. fulfil

The executing organ shall execute the judgment that has entered into force.